“The lawsuit explains that Patkin had no experience with collecting sports memorabilia before he began to buy from Grandstand in the summer of 2004. No one answered the phone at Patkin's residence late Saturday”.



It’s been awhile for me but I think I see where the defendant’s argument may be going. Because the buyer had no experience in the field of sports memorabilia, the buyer depended on or “trusted” the seller’s to lead him down the right tract. The buyer now feels that the seller betrayed the buyer’s “trust” and bam, lawsuit time. Again, it’s been awhile for me but I think it’s called a fiduciary agreement and will certainly be a key part of the constructive fraud case.

It will be real interesting to see where this case goes.


Jim